Illinois Paid Leave Resource Toolkit

Illinois Paid Leave Resource Kit

Table of Contents

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I. Family and Medical Leave Act II. Paid Leave for All Workers Act III. Employee Sick Leave Act IV. City of Chicago Paid Sick Leave Ordinance V. Cook County Paid Sick Leave Ordinance VI. Vacation Time VII. Family Bereavement VIII. Parental Leave Discrimination Protections

This Care Kit was collated by Caring Across Generations and was created to be a helpful guide on care resources in Illinois. If you have questions, please email Angela.Holton@caringacross.org.

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In Illinois, workers can earn up to 40 hours of paid time off per year and use it for any reason, workers are not entitled to vacation leave, and employees have access to ten days of bereavement leave.

Here are the laws in place in Illinois that regulate paid leave, paid sick time, and parental leave for workers.

State Holidays There are 13 Illinois state holidays in 2024. View them all here.

Family Medical Leave Act Workers in Illinois are covered by the Family Medical Leave Policy, a national policy that requires employers to provide workers with up to 12 weeks of unpaid, job-protected time off per year to care for themselves or a loved one. Read more about FMLA here.

Paid Leave for All Workers Act The Paid Leave for All Workers Act is an earned paid time off policy, providing employees with up to one hour of leave for every 40 hours worked, up to 40 hours of paid leave during a 12-month period. The leave may be taken for any reason and is meant to be short-term leave. This applies to both seasonal, part and full time employees. Paid leave accrual starts in January 2024.

Read more here.

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Employee Sick Leave Act The Employee Sick Leave Act is a state law requiring employers to allow employees to use at least a portion of the sick leave time that is already available to them to care for certain relatives.

An employer may limit the use of sick time to care for a relative “to an amount not less than the personal sick leave that would be accrued during six months at the employee’s then current rate of entitlement.”

The law prohibits retaliation against an employee who uses personal sick leave benefits to care for a relative.

Read more here.

City of Chicago Paid Sick Leave Ordinance If you work in the City of Chicago, employers are required to give employees paid sick leave. Employees can begin using leave on July 1st, 2024, or 30 calendar days after starting employment, whichever is later. Learn more about Chicago's Paid Sick Leave Ordinance here.

To be eligible for paid sick leave, employees must work: for their employer for six months, at least two hours within the City in any two-week period, and at least 80 hours during any 120-day period.

There are also rules that apply specifically to Illinois teachers. Learn more about sick leave for full-time teachers.

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Cook County Paid Sick Leave Ordinance If you work in Cook County, employees are now required to give employees paid sick leave. Employees can begin using leave 90 days after December 31st, 2023, or 90 days after starting employment, whichever is later.

To be eligible for paid sick leave, employees must work for an employer in Cook County, or their employer must have a place of business in Cook County. Learn more about Cook County’s Paid Sick Leave Ordinance here.

Vacation Time In Illinois, there is no automatic right to vacation time, meaning your employer does not need to provide you with vacation time.

An employer can mandate accrued vacation time be used by a specific date in a “use it or lose it” policy. If you are fired or you quit your job and have already accrued vacation time, your employer is required to pay you out for this time.

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Family Bereavement The Family Bereavement Leave Act entitles eligible workers of all public employers and private employers with 50 or more employees to up to two weeks (10 workdays) of unpaid leave time following: the death of a covered family member, stillbirth, miscarriage, unsuccessful reproductive procedure, failed adoption match or unfinalized adoption agreement, failed surrogacy agreement, or diagnosis that negatively impacts pregnancy or fertility.

This type of leave is available to any workers who have at least 1,250 hours of service with their employer during the prior 12-month period.

Workers are entitled to up to six weeks of leave in the event of the death of more than one covered family member in a 12-month period.

Employers are entitled to 48 hours of notice before the leave, unless not practical.

Employers may require documentation to verify the necessity of this leave.

Bereavement leave must be taken within 60 days of qualifying event.

Read more here.

Parental Leave Discrimination Protections In Illinois there are no minimum requirements for employers to provide parental leave for workers. The Illinois Human Rights Act (IHRA) was amended in 2014 to add employment protections for pregnant workers. The law prohibits discrimination on the basis of pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth, and it requires your employer to give you time off if it's medically necessary. This applies to any full, part, or probationary workers.

Read more here.

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